hm... well I guess that means she’s not running for sure, because if she was running she would no longer be a “private citizen” subject to protection, but a public servant subject to any and all attacks.
Get help.
Even if she did run now, she was a private citizen when the book was published.
Well, her children were defamed also (especially Trig and Track), and they most definitely private citizens.
hm... well I guess that means she’s not running for sure, because if she was running she would no longer be a “private citizen” subject to protection, but a public servant subject to any and all attacks.
***
The crime happened while she was a private citizen.
I think I ran into you yesterday. Weren’t you whining about “haters” showing up on Perry threads and questioning a Perry supporter’s Vanity/Manifesto?
Does your post make you a “hater,” too?
There is a two year window in which to file. And there’s no reason she couldn’t file after the election seeing she was a private citizen when the defamation occurred. Don’t get your hopes up.
Incorrect. The bar is much higher for public v private but it is still there.
If Crown published lies as fact knowing they had no basis then they are in big trouble. Public or Private that is not allowed.
“I guess that means she’s not running for sure...”
For sure?! Really?
Wishful thinking or are you a libel/defamation lawyer?
I don’t believe that there is a difference in the legal rights of a public official versus any other public figure.
Sarah Palin is a public figure and will be one whether or not she runs for President.
In order for libel to be shown against a public figure, the public figure has to show actual malice. It appears that in light of the author’s emails, there may well have been actual malice both by him and by Random House.
A "public servant" is an elected official, not a private citizen running for office...........
Please explain how an individual not yet serving the public can be classified as a public servant?????
Even a public person has protection against intentional libel.
And, it's clear she can PROVE the author and the publisher knew the information to be both false and harmful.
Prima facie case of libel.
Random House will shortly have a new owner.
I don’t believe that there is a difference in the legal rights of a public official versus any other public figure.
Sarah Palin is a public figure and will be one whether or not she runs for President.
In order for libel to be shown against a public figure, the public figure has to show actual malice. It appears that in light of the author’s emails, there may well have been actual malice both by him and by Random House.
I disagree with your reasoning, since she already is a public figure.
On the other hand, I did think when I saw this that it lowered the probability of her runinng — just because I can’t ever remember a politician in a campaign battle actually being in the middle of a defamation suit.
It also seems that by filing suit, she will make every allegation in his book “news-worthy”. Which wouldn’t be a problem in her current position, but could make things more difficult in terms of getting widespread popular support and changing her image in the minds of the independents she needs to get elected, should she be running for President.
But guessing whether Palin is running or not is a fool’s game. She’ll decide one way or another, she’ll announce it, and then we’ll know — and before that, she might as well be Shrodinger’s cat.
...what about the other family members....tagged in this graffiti?
I don't think you fully comprehend The New York Times Co. v. Sullivan
You cannot knowingly print deliberate falsehoods. It is apparent from the posting on Breitbard, that the publish knew, or should reasonably known, that what it was printing about Palin contained unsubstantiated malicious rumors.
Nope,,, not the case at all. She was private when the tort of the book publishing occurred. Has no bearing at all on what she may do in the future. Nice try Perrywinkle.
Not quite true. The ruling would be on her current status - not her future status.
Oh - and when the writer admits in a now-public email he wrote unsubstantiated crap, being a public figure isn’t a defense.